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Would my initial entry in the U.S. as a conditional green card holder be considered illegal if our I-829 application gets denied?

I became a conditional permanent resident of the U.S. as the dependent of my father, an EB-5 investor. The regional center we worked with has since been found to be a fraud and my father’s I-829 received a NOID for failing to create 10 jobs. Would this make my initial entry ‘unlawful’ or ‘not inspected and admitted for future adjustment of status purposes’?

Answers

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    No. Neither your initial entry nor inspection and admission for future adjustment of status purposes will be considered unlawful because of the fraudulent activities of the regional center. Advisably, make sure you always disclose this incident if occasions arise in the future in any immigration processing if the question arises.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    No, it would not. It just means the conditional permanent residency may be denied, but your prior status would not be considered unlawful.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    You should not have a problem entering the U.S. That said, the issue would be once you are in the U.S., how to remain in the U.S. and not fall out of status. You need to have the conditions on your conditional green card removed to be able to stay in the U.S. legally. Once your green card expires, if you cannot remove the conditions, without valid immigration status, you could be ordered by immigration enforcement to leave the country.

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    Daniel A Zeft

    Immigration Attorney
    Answered on

    Your initial entry is a lawful admission to the U.S.

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    Charles Foster

    Immigration Attorney
    Answered on

    Your initial entry as a conditional green card would not be considered "unlawful" nor "not inspected and admitted for future adjustment of status purposes". At that time you were already admitted as a Conditional Permanent Resident.

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    Robert West

    Immigration Attorney
    Answered on

    No, it would not.

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    Vaughan de Kirby

    Immigration Attorney
    Answered on

    No. However, this should be discussed with your investment immigration attorney who can guide you on this and other options you might have.

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    Stephen Berman

    Immigration Attorney
    Answered on

    For some purposes, it might not be considered a lawful admission.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    No, the denial of an I-829 does not make your initial entry unlawful. Technically by law even if your I-829 is denied, you continue to be a permanent resident until a Judge orders you removed.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    No.

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    Hassan Elkhalil

    Immigration Attorney
    Answered on

    No. You are admitted, inspected and can change your status if your current conditional green card is denied.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    I would need to know a lot more, but an entry with a valid immigrant visa should be a lawful entry. The circumstances of your continued eligibility may have changed should not affect that, but an I-829 denial would leave you without status.

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